The widow of a man who was killed by his grandson after numerous mental health treatments lost an appeal of a ruling against her negligence claims against health care providers Monday.
A mother was wrongly denied her petition for visitation with her daughter who is the subject of a guardianship, the Indiana Court of Appeals ruled Monday. The appellate court remanded the case to give the mother her day in court.
The 65-year sentence of a man convicted of murder was affirmed Monday on appeal, but a judge wrote separately to “address a practical dilemma facing appellate courts, lawyers, and litigants” after recent appeals revised longstanding double jeopardy caselaw.
The sentence of a man convicted of child molesting was reduced and some of his convictions were vacated Monday by the Indiana Court of Appeals, which found the filing of top-level felony counts two weeks before the trial began was an abuse of discretion.
A derivatives investor whose longtime association with a trader soured before the trader was barred from dealing in commodity futures lost his appeal of a ruling in favor of the entity that regulates those traders.
With coronavirus cases surging again nationwide, the Supreme Court last week barred New York from enforcing certain limits on attendance at churches and synagogues in areas designated as hard hit by the virus.
7th Circuit Court of Appeals
BRC Rubber & Plastics, Inc. v. Continental Carbon Company
20-1011
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan L. Collins.
Civil. Affirms the district court’s order for seller Continental Carbon Company to pay damages to buyer BRC Rubber & Plastics Inc. and the award of prejudgment interest to BRC for the cost of replacing lost supply at higher prices. Finds the district court properly applied Section 2-609 of the Uniform Commercial Code to find that the seller gave the buyer reasonable grounds for doubting that it would perform and that the seller repudiated by failing to provide adequate assurance that it would continue to perform. Also finds the court properly applied Section 2-712 to find that the buyer’s cover was commercially reasonable. Finally, finds the court did not err in awarding prejudgment interest.
The Indiana Court of Appeals has affirmed a preliminary injunction for Simon Property Group that prevented retail-clothing store Abercrombie & Fitch from permanently closing stores in dozens of Simon malls.
A lawsuit against a hospital over a former employee who accessed confidential medical records without authorization will be heard by the Indiana Supreme Court.
Read who has been reinstated, reprimanded and suspended during the most recent reporting period.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Timothy Marcus Mayberry v. State of Indiana (mem. dec.)
20A-CR-158
Criminal. Affirms Timothy Mayberry’s murder conviction and an enhancement for the use of a firearm in the commission of a felony. Finds that because Mayberry has not shown any deliberate conduct of bad faith by the state or substantial prejudice to his rights, his argument fails. Thus, finds that the St. Joseph Superior Court was well within its discretion in allowing Officer Ray Wolfenbarger’s testimony.
Indiana Court of Appeals
Delangley Woods v. State of Indiana (mem. dec.)
20A-MI-1149
Miscellaneous. Affirms the Marion Superior Court’s order awarding $12,064 to the state against Delangley Woods on the state’s complaint for civil forfeiture after a bench trial. Finds the trial court did not err when it awarded the cash to the state on its forfeiture complaint.
The following Indiana Tax Court opinion was posted after IL Daily deadline Thursday:
Lowe’s Home Centers, Inc. v. Monroe County Assessor
19T-TA-17
Tax. Affirms the Indiana Board of Tax Review’s final determinations establishing the assessed values of Lowe’s Home Centers store in Bloomington for the 2014-2017 tax years. Rejects Lowe’s contention that the Indiana Board erred in rejecting its sales comparison approach and income approach valuations and in excluding the obsolescence depreciation adjustments from its cost approach valuations.
A federal judge is temporarily blocking the federal government’s plan to execute the first female death row inmate in almost six decades after her attorneys contracted the coronavirus visiting her in prison.
Indiana Court of Appeals
Javan D. Brown v. State of Indiana
20A-CR-125
Criminal. Affirms Javan Brown’s aggregate 6½-year conviction for Level 5 felony reckless homicide and Class A misdemeanor dangerous possession of a firearm. Finds that Brown’s argument that the LaPorte Superior Court erred by excluding his mother from the courtroom fails. Also finds that the trial court did not err by allowing the jury to examine and pull the trigger on the firearm during deliberations. Finds the evidence is sufficient to sustain Brown’s conviction for reckless homicide, and finds both convictions do not constitute double jeopardy. Finds his sentence is not inappropriate and the trial court did not abuse its discretion in sentencing him.
An Indianapolis man’s conviction on six counts of possession of child pornography was affirmed Thursday when the Indiana Court of Appeals rejected his claims that the evidence was insufficient and that his convictions violated his constitutional protections against double jeopardy.
Indiana Court of Appeals
McGraw Property Solutions, LLC v. Jason Jenkins
20A-PL-00630
Civil plenary. Affirms the Boone Superior Court’s summary judgment in favor of Jason Jenkins against McGraw Property Solutions, concluding that Jenkins timely cancelled a storm repair contract within three days of acceptance.
Residents of a Miami County lake community lost their bid to make their case to the Indiana Supreme Court that the county, not property owners, are responsible for fixing six crumbling dams.
The following Indiana Supreme Court opinion was posted after IL Daily deadline Monday:
K.C.G. v. State of Indiana
20S-JV-263
Juvenile. Vacates K.C.G.’s delinquency adjudication and the modification of his probation based on that adjudication in Marion Superior Court. Remands with instructions to dismiss the State’s petition, finding the juvenile court lacked jurisdiction because the offense of dangerous possession of a firearm can never be committed by an adult.